Aides v. Paraprofessionals v. Highly-Qualified Teachers…

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Three questions from a special education teacher are answered below with the citations from federal law.

Question #1: When IDEA 1997 was reauthorized as IDEA 2004, Section 1400 Findings and Purposes, Paragraph (E)(i) and (ii) were deleted in entirety.  Are teachers  no longer required to be highly-qualified in IDEA 2004?

Answer: In IDEA 2004, 20 U.S.C § 1400, Paragraph E incorporated (E)(i) and (ii). (20 U.S.C § 1400 (E)); Wrightslaw: Special Education Law, 2nd Edition, page 46.

(E) supporting high-quality, intensive preservice preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible;

Question #2: There is an assistant in the classroom with a high school diploma, no college, and no paraprofessional certificate although she says she has passed a test. Can an assistant fulfill direct service hours on student IEPs with no special education teacher present, in an inclusive setting with only a general education teacher present?

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Note: Congress has reauthorized the Elementary and Secondary
Education Act (ESEA), the statute formerly known as No Child Left
Behind. The new statute, Every Student Succeeds Act, was signed into law by President Obama on December 10, 2015.

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Answer: An “assistant with a high school diploma and no paraprofessional certificate” is usually called an aide. Federal law – specifically NCLB and incorporated into IDEA – includes a legal definition of “paraprofessional.”

No, an aide cannot provide direct service hours with or without a special education teacher being present.

According to NCLB, all paraprofessionals shall have:

(A) completed at least 2 years of study at an institution of higher education;
(B) obtained an associate’s (or higher) degree;
(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment —
(i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or
(ii) knowledge or, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.  (20 U.S.C. § 6319(c)); Wrightslaw: No Child Left Behind, page 200)  [Out of print]

Question #3: Can an assistant with a Paraprofessional Certificate  fulfill direct service hours on student IEPs without a special education teacher present, in an inclusive setting with a general education teacher present?

Answer: No Child Left Behind limits the duties and responsibilities of paraprofessionals. A paraprofessional “may not provide any instruction to a student unless the paraprofessional is working under the direct supervision of a teacher . . ” A paraprofessional may not provide one-on-one tutoring at a time when the teacher is available. (20 U.S.C. § 6319(g)); Wrightslaw: No Child Left Behind, page 201) [Out of print]

Educational responsibility belongs to the teacher, not the paraprofessional. The paraprofessional is a tool used by the teacher to accomplish her responsibility of delivering an education to her students.

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Nikki

Can a child’s individual support para be pulled to sub in another classroom leaving the child without a para at all. How is this legal

Chuck

This is a violation of the IEP, but campuses get desperate for subs, & do this. Politely reminding administrators of this would be a place to start, following up with something in writing, if it continues to happen.

Anonymous

Hello, if class goes on a trip and gets back to the school after the class assigned lunch period has already passed, can para still take 50min lunch away from students?

Chuck

I doubt that there is any state rule on that. It probably comes down to district, and campus procedures and the administrator’s decision.

Anne

“A paraprofessional “may not provide any instruction to a student unless the paraprofessional is working under the direct supervision of a teacher”

I don’t understand the answer to number 3. Are you defining teacher as classroom or special education? Can a paraprofessional provide service minutes in a classroom with a gen-ed teacher present?